FTK v Secretary, Department of Communities and Justice [2024] NSWCATAD 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FTK v Secretary, Department of Communities and Justice [2024] NSWCATAD 218 Hearing dates: 6 – 7 May 2024 Submissions closed 24 June 2024 Date of orders: 05 August 2024 Decision date: 05 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Redfern PSM, Senior Member J Herberte, General Member Decision: (1) The decision of the respondent made on 27 October 2022 to remove the three children from the care of the applicants is affirmed. (2) The decision of the respondent made on 23 April 2023 to cancel the authorisation of the applicants as authorised carers is affirmed. Catchwords: ADMINISTRATIVE LAW — child protection — out of home care — application for review of decision to remove children from care of authorised carer — application for review of cancellation of authorisation as authorised carers Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1988 (NSW) Children and Young Persons (Care and Protection) Regulation 2022 Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 Evidence Act 1995 (NSW) Cases Cited: Fitzwater v Fitzwater [2019] 60 FamCAFC 251 Isles & Nelissen [2022] FedCFamC1A 97 M v M [1988] HCA 68; (1988) 166 CLR 69 Category: Principal judgment Parties: FTK (First Applicant) FTL (Second Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: FTK (self-represented) FTL (self-represented)